Malicious Use of a Telephone / Telephone Harassment

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iStock 000026709972Small 300x300 Malicious Use of a Telephone / Telephone HarassmentIf you have been charged with Telephone Harassment, Malicious Use of Telephone Service and/or Malicious Use of Telephone Service, you have likely been accused of using vulgar, indecent, obscene, or offensive language via mail, email, or telephone with the intent to terrorize, frighten, intimidate, threaten, harass, molest, or annoy another person or to threaten physical harm or damage to any person or property in the course of a conversation or message. It should be noted that this includes repeatedly initiating a telephone call without speaking, deliberately hanging up or breaking the telephone connection. The penalty for a Telephone Harassment, Malicious Use of Telephone Service and/or Malicious Use of Telephone Service conviction in Michigan can be severe as it is a misdemeanor punishable by up to six months in jail and a fine of up to $1,000.00, if convicted it will create a criminal record, which you must disclose to potential employers, state licensing boards, and of which could carry licensing sanctions.

If you have been arrested or charged with Telephone Harassment and/or Malicious Use of Telephone Service, we recommend that you retain experienced counsel to aid in the defense of this charge.  We know the law and can help you understand your rights and develop defenses to charges levied against you. Charged with Malicious Use of a Telephone / Telephone Harassment? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

750.540e Malicious use of service provided by telecommunications service provider.

Sec. 540e.

(1) A person is guilty of a misdemeanor who maliciously uses any service provided by a telecommunications service provider with intent to terrorize, frighten, intimidate, threaten, harass, molest, or annoy another person, or to disturb the peace and quiet of another person by any of the following:

(a) Threatening physical harm or damage to any person or property in the course of a conversation or message through the use of a telecommunications service or device.

(b) Falsely and deliberately reporting by message through the use of a telecommunications service or device that a person has been injured, has suddenly taken ill, has suffered death, or has been the victim of a crime or an accident.

(c) Deliberately refusing or failing to disengage a connection between a telecommunications device and another telecommunications device or between a telecommunications device and other equipment provided for the transmission of messages through the use of a telecommunications service or device.

(d) Using vulgar, indecent, obscene, or offensive language or suggesting any lewd or lascivious act in the course of a conversation or message through the use of a telecommunications service or device.

(e) Repeatedly initiating a telephone call and, without speaking, deliberately hanging up or breaking the telephone connection as or after the telephone call is answered.

(f) Making an unsolicited commercial telephone call that is received between the hours of 9 p.m. and 9 a.m.  For the purpose of this subdivision, “an unsolicited commercial telephone call” means a call made by a person or recording device, on behalf of a person, corporation, or other entity, soliciting business or contributions.

(g) Deliberately engaging or causing to engage the use of a telecommunications service or device of another person in a repetitive manner that causes interruption in telecommunications service or prevents the person from utilizing his or her telecommunications service or device.

(2) A person violating this section may be imprisoned for not more than 6 months or fined not more than $1,000.00, or both. An offense is committed under this section if the communication either originates or terminates in this state and may be prosecuted at the place of origination or termination.

(3) As used in this section, “telecommunications”, “telecommunications service”, and “telecommunications device” mean those terms as defined in section 540c.

Remember, judges have a tremendous amount of discretion when imposing your punishment.  Without us, or another competent attorney, you may say or do the wrong thing, increasing your punishment.  For this reason, looking for an attorney who practices in the county where you were violated is particularly helpful.  That said, we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair.  For more information about Malicious Use of a Telephone / Telephone Harassment, or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

Why hire us?

One of the greatest advantages of hiring our firm is the connections we bring to the process.  Typically we know the prosecutor and the judge, allowing us to anticipate the judge’s reactions, understand how the prosecutor will want to proceed, and to negotiate the best deal for our clients in efforts of removing as much uncertainty from the process as possible.  For this reason, looking for an attorney who practices in the county where you were violated is particularly helpful.  That said we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair.

Let us help you navigate the Court system’s rough waters and keep you out of jail.  For more information about Telephone Harassment and/or Malicious Use of Telephone Service and other criminal Misdemeanors, and/or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

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